:
I call this meeting to order.
Welcome to meeting number 74 of the House of Commons Standing Committee on Agriculture and Agri-Food.
There are a few reminders about today's meeting. This will be taking place in a hybrid format. The proceedings will be made available via the House of Commons website. Just so you're aware, the webcast will always show the person speaking rather than the entirety of the committee.
Screenshots or taking photos are prohibited. Our witnesses should be aware of that.
Also for our witnesses, members and witnesses may speak in the official language of their choice. Interpretation services are available for this meeting. If interpretation is lost, please inform me immediately, and we will ensure the interpretation is working properly before we proceed.
Before speaking, please wait until I recognize you by name. If you're on video conference, please click on your microphone to unmute yourself. For those in the room, the microphone will come on automatically. If you see the little red button in front of you on the panel, you will know that your microphone is on.
When speaking, please speak slowly and clearly for the benefit of our interpreters. When you are not speaking, please make sure, especially for those who are online, that your microphone is on mute.
I remind you that all comments by members and witnesses should be addressed through the chair, please.
Pursuant to the order of reference for today, the committee will resume consideration of Bill .
I would now like to welcome our opening panel.
With us today, we have Dr. Jodi Lazare, associate professor. From Animal Justice, we have Camille Labchuk, executive director. From the Canadian Food Inspection Agency, we have Dr. Mary Jane Ireland, executive director, animal health directorate, chief veterinary officer for Canada, and Dr. Rick James-Davies, director general for western operations. I believe he is joining us online.
For our witnesses, you'll be given up to five minutes for your opening remarks, and then we'll proceed to the opening rounds of questions. When you have one minute left, I will signal you by giving you a bit of a wave so that you know to start your conclusion. Just keep an eye on it; I will try my best not to cut anyone off. I would like you to try to finish your comments.
We have a substitution today. We have Mr. Collins subbing in for Mr. Drouin. There's no pressure, Mr. Collins. I'm sure you'll do fine.
Ms. Lazare, we'll start with your opening comments. You have five minutes, please.
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Thank you. I'm happy to be here.
My name is Dr. Jodi Lazare. I am an associate professor at the Schulich School of Law at Dalhousie, where I teach the mandatory constitutional law course and an animal law seminar.
I previously held a research grant from the Social Sciences and Humanities Research Council of Canada to study the constitutional dimensions of animal rights advocacy and farm trespass laws. I have published articles in peer-reviewed journals on that subject.
I'm going to use my time here to touch on my primary concern with the proposed bill, which is simply that, just as in 2021, it may not correspond with the division of powers. By that I mean that Bill , in its current form, without the amendments voted on by committee last time around in 2021 in dealing with Bill C‑205, might well be outside of the federal government's legislative jurisdiction.
Some of the discussion in the House and in committee thus far has suggested that statutory consistency across provincial jurisdictions is a worthwhile goal, and I agree with that. It is a fact that uniform federal legislation would often be more efficient and more effective than a patchwork of different provincial laws.
However, the nature of Canada's constitutional structure means that it's simply not always possible to have consistency across provinces, and, respectfully, the federal government can't force consistency if it is acting outside of its area of jurisdiction.
I understand that this bill aims to improve biosecurity on farms and that it is, in some part, about protecting animals and about food safety, but it has also been stated, several times now, that the bill is primarily about trespass.
I'm sure the committee members don't need this kind of breakdown, but in the interest of clarity, I ask you to just please bear with me as I take you through my quick thinking about the constitutional issues here.
In determining whether a law was properly adopted by a particular level of government—that is, at the federal or provincial level—courts will look at what the law actually does. They look at a law's purpose and at its effects to uncover what's known in legal jargon as its “pith and substance” or its “dominant feature”.
They might look at the context of the adoption of a law, such as current events motivating its introduction—those have, of course been relevant here—and at speeches and debates and hearings like this one. All of those things, in the present case, clearly suggest that the “dominant feature” of this bill is not entirely protecting biosecurity. That's because, in addition to what has been said about this being a trespass bill—as this committee has heard before and I think we'll hear again today—biosecurity threats on farms are not in fact driven by trespassers, protesters or activists—by people “without lawful authority” to be on the farm, to use the words of the bill.
You've heard already—and I suspect we'll hear again—that CFIA records show that there is no documented evidence or instance of an activist or trespasser or protester introducing disease onto a farm, but that the greatest risks to animals are diseases transmitted from farm to farm. Diseases are transmitted from workers, suppliers, etc., going between farms, and by birds and wildlife and so on. In other words, they are not from individuals who are present illegally.
From a constitutional perspective then, in my view and as has been repeated here, this is a trespass bill, which may or may not, based on the evidence, have perhaps incidental or secondary effects on biosecurity. It's quite clear that this bill is about shutting down activism and trespass and about protecting the mental health of farmers and farm families. In other words, it is about protecting a particular industry by shutting down activism in the form of trespass.
In fact, the bill's sponsor has stated explicitly that this bill is about the protection of private property, and as we all know, these things fall under the provincial jurisdiction over property and civil rights. Legislation protecting private property is not, in other words, part of the federal government's tool box, so to speak.
The fact is that all provinces have trespass laws. Some of them have laws specific to trespass on farms, although some of those laws are currently being challenged in court. In fact, interestingly, Prince Edward Island's legislation, aside from the part about taking in any animal or thing, contains exactly the same wording as Bill and has not been subject to any constitutional questioning, suggesting again that this bill, Bill C-275, should fall under provincial jurisdiction.
I want to be clear here that I am not suggesting that Parliament cannot legislate to protect health and safety and biosecurity on farms. It's been said numerous times by the courts that Parliament can legislate to protect health and safety by way of the Criminal Code, and in this case, perhaps by using its jurisdiction over agriculture, although there is not a lot of case law and interpretation of that provision.
My submission, rather, is that this bill, as it is currently written, does not do that: It does not target the most likely source of biosecurity risks. However, a law that provided for the same restrictions and applied to everyone who enters a farm, legally or illegally—in other words, that adopted the same amendments voted on with respect to Bill in 2021—would be much more likely to survive constitutional scrutiny because, in its dominant feature, it would be a biosecurity bill.
I will leave it at that in the interest of time, and of course I'm happy to answer questions.
Thank you.
:
Good morning. Thank you for inviting me to appear.
I am a lawyer and the executive director of Animal Justice, Canada's leading national animal law advocacy organization. Together with our tens of thousands of supporters, we work to improve laws protecting animals. This is a big task because, frankly, Canada has fallen quite far behind. We have some of the worst animal protection laws in the western world, particularly on farms.
Let me just set the scene for you. We do not have federal or provincial laws regulating animal welfare on farms in this country. Many of the most cruel farm practices are still legal and common in Canada, despite being outlawed in places like the EU and in many U.S. states. This includes things like keeping pregnant pigs in gestation crates, which are metal cages so small that the mothers can't even turn around, and crowding egg-laying hens inside tiny wire cages where they can't even spread their wings, and farming animals for their fur.
Along with our lack of laws comes a lack of transparency and oversight. Farmed animals are typically kept behind closed doors in areas that, as you know, the public can't access. There are no government inspections of farms to proactively monitor animal welfare, including by the CFIA. Provincial agencies tend to respond only if a complaint is made, and no farmer or worker has a legal obligation to report anything they see.
One of the few times that a cruelty complaint can be made occurs when a person goes to work undercover on a farm and films what they see, wearing a hidden camera. I have been involved in many such exposés. For example, the last investigation that Animal Justice did was at a pig farm in Ontario. This aired on CTV's W5 program. It resulted in a conviction against the pig farm for a lethal C-section on a live, conscious pig in what industry would call a “slash and grab” to remove the piglets, and also in a conviction for castrating piglets and docking their tails without anaesthesia.
Unfortunately, the animal farming industry in Canada has been pushing agricultural gag laws—so-called “ag-gag” laws—that make it illegal to do this type of undercover work on farms and in order to shut down videos of animal cruelty. These laws first started sweeping the United States in the 2010s and are now also law, as we've heard, in Alberta and in Ontario. It's illegal in those provinces for journalists and whistle-blowers to go undercover on a farm. It turns that conduct into a trespass. We believe those two laws are unconstitutional, as they restrict free expression under the charter, which is why we are challenging Ontario's law in court. That case will be heard starting on October 30. U.S. ag-gag laws have also been challenged and struck down in six states now.
This bill targets anyone unlawfully on a farm, which in Ontario and Alberta includes undercover workers and journalists. The language prohibiting taking a “thing” into a farm seems targeted at a hidden camera that an undercover worker or journalist might wear and puts these whistle-blowers at significant risk of prosecution simply for bringing images to the world. The ban on undercover work makes this bill vulnerable to a constitutional challenge.
I'll note that in Canada, biosecurity protocols are currently entirely voluntary, and studies show that adherence to them on farms is poor. We've analyzed decades of data from the CFIA, and in a report that I will provide to this committee, we've seen that farmers are responsible for most biosecurity issues and that a sit-in has never caused a disease. It tends to be standard farm practices like sharing needles, having wild animals access farms and using contaminated equipment across different areas that spread disease.
This committee also received a letter from 19 infectious disease specialists. They note that undercover video is good for biosecurity and actually spurred on one of the largest food safety-based recalls in U.S. history. These experts conclude that this bill seeks to weaponize genuine concerns about infectious diseases and animal and human health in order to increase protection of private businesses from bad publicity.
I'll say as well that this bill doesn't address any legal gap. Provinces do have trespass laws already, but more to the point, there is also the Criminal Code. All of the sit-ins referenced last week resulted in criminal convictions, and these are the most serious charges possible, like break and enter, mischief and theft.
For example, we're going to hear from a Mr. Binnendyk on the next panel about the Excelsior Hog Farm sit-in, which occurred after videos emerged showing pretty troubling conditions on farms, including some pigs that couldn't walk and slowly died on a filthy concrete floor. Two people were convicted and sentenced to jail time after the sit-in, which is actually the harshest known sentence in Canadian history for a peaceful protest of this nature.
I'll just conclude by saying that I know committee members have been hearing from a lot of constituents who have concerns about this bill, and I urge you not to dismiss those concerns. It's time to pause and consider why it is that public trust in farming is so low. I would say that it's not because people are misinformed; it's because they see video after video of animals being beaten on farms, animals with severe medical conditions that don't get treatment, and animals being killed in brutal ways.
They see conditions the public simply no longer accepts, and they're frustrated by the lack of laws and the secrecy. The response to these legitimate public concerns should not be to pass laws that further undermine transparency.
Thank you.
We are pleased to be here to speak with you today as you continue your consideration of this private member's bill, Bill , an act to amend the Health of Animals Act, with regard to biosecurity on farms.
The CFIA is a science-based regulatory agency and is dedicated to safeguarding animal health, plant health and food safety to enhance the health and well-being of Canadians, the environment and the economy. In this capacity, the CFIA administers and enforces a variety of legislation, including the Health of Animals Act, which Bill seeks to amend.
The primary objective of the Health of Animals Act is to protect animals and prevent the transmission of federally regulated animal diseases and toxic substances to both animals and humans. The CFIA employs highly skilled veterinarians, veterinary inspectors and other inspectors, who administer and enforce the Health of Animals Act. Under the act, CFIA inspectors have the authority to conduct inspections, seize and detain animals or things, investigate cases of non-compliance and recommend prosecution when it is appropriate to do so.
CFIA inspectors are not peace officers. They do not have the authority to detain persons who violate the Health of Animals Act.
The CFIA works with various stakeholders, including producers, to help protect animal health and prevent the spread of diseases, including through the development of animal biosecurity measures, which can be implemented by producers on their farms.
Animal biosecurity is an area of shared responsibility. It involves federal, provincial and territorial governments, as well as industry associations and producers.
The Health of Animals Act and its regulations contain biosecurity requirements for federally regulated diseases. Provinces and territories may also develop and enforce their own biosecurity requirements. Provinces and territories provide funding to producers to improve biosecurity measures and to support certain disease-control activities.
In addition, the CFIA, industry, academic institutions and provinces and territories have worked together to develop voluntary national biosecurity standards. These standards outline the practices and protocols for farmers to routinely implement in order to prevent animals from being exposed to disease at the farm level.
In Canada, most on-farm biosecurity standards are voluntary, and farmers are responsible for implementing biosecurity standards on their premises. While these standards are voluntary, several industry associations have integrated parts of them into their mandatory on-farm programs. This collaborative effort between industry associations and producers has promoted the use and adherence to on-farm biosecurity measures, and these measures, combined with other regulatory requirements, help to reduce the threat of disease spread and to maintain market access.
While the objectives of Bill are commendable, we would like to identify a few considerations regarding the current text of the bill.
The current wording poses legal risks. It does not account for existing provincial and territorial jurisdiction over property and civil rights. Almost every province has legislation to address trespassing, and five provinces have passed enhanced private property legislation to prohibit trespassing at locations where animals are kept.
At the federal level, the Criminal Code includes prohibitions related to trespassing, such as mischief and breaking and entering, and these provisions have been successfully used to convict individuals who have engaged in this type of activity. There is a risk the prohibition may not be a valid exercise of federal agricultural power, which is understood to be limited to agricultural operations that are inside the farm gate.
The bill also presents enforcement challenges. The Crown would have to prove beyond a reasonable doubt that the accused understood the risk of disease transmission as a result of entering the premise or that they acted recklessly to expose an animal to disease or toxic substances. Additionally, the police of local jurisdiction would need to respond to trespassing incidents, as CFIA officials are not peace officers.
We would encourage you to take these considerations into account as you continue your study of this bill.
Mr. Chair, I hope this provides a general overview of the CFIA's role in animal health and biosecurity as well as an overview of some of the challenges with the current text of the bill. We welcome any questions the committee may have.
Thank you.
Thank you, witnesses, for being here today on this important bill.
I'm a farmer. Ms. Labchuk, you mentioned that you believe that public trust is low with our farmers, but I beg to differ as a farmer who has to adhere to the very strictest of food safety standards—some of the strictest, actually, in the world. Whether it's CFIA regulations, provincial food safety regulations, or even standards set by each individual agricultural sector, we adhere to the strictest of standards. In fact, there's a headline here, and I'll read it back to you: “Firefighters, nurses, farmers respected most by Canadians”.
I wholeheartedly disagree with your statement. I trust our farmers. With their practices for ensuring food safety in this country, our farmers are some of the safest in the world
I just have a few questions for you.
Have you ever been on a farm?
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Thank you very much, again, for no answer.
I'm going to turn my comments and questions over to Dr. Lazare.
Dr. Lazare, in your testimony on Bill 156 at committee in the Ontario legislature, you said that “there are...ways to achieve the legislative objective [here that] have less of an impact on fundamental freedoms. For example, simply raising the fines for trespassing would do the job, or expressly prohibiting the introduction of biosecurity threats, like the federal private member's bill C-205 would do. Both of those things would impair rights less than the current form of the legislation. Again, that's enough for the law to fail in a constitutional challenge.”
In your opening comments, you alluded to the fact that Parliament doesn't have checks and balances set up—when in fact it does—to vet private members' bills to make sure that they are constitutional before they're even introduced.
Thank you for acknowledging that this bill, formerly Bill , prohibits “the introduction of biosecurity threats” on farms. We've already established through previous testimony that whistle-blowers are protected under Bill , since they have lawful authority to be on the premises. Therefore, the provisions in this bill would not apply to them.
Would you agree? How does this bill ban whistle-blowers?
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I'm sorry. There were a lot of questions there.
What I said with respect to Bill 156 in Ontario is that Parliament could prohibit the introduction of biosecurity threats on farms. However, what I'm saying today is that this bill doesn't do that, because it only applies to trespassers who, according to the evidence, are not the ones introducing biosecurity risks on farms. That's number one.
How does this bill prevent whistle-blowing? As Ms. Labchuk stated, in certain provinces, entry onto a farm as a whistle-blower or an undercover investigator is illegal. Those people would be on the farm illegally, making them subject to prosecution under this bill as well.
Also, I don't think I said that there are no checks and balances. I think the point of a committee hearing like this is to hear from experts—experts from the CFIA, experts in animal protection and experts in constitutional law—and that's precisely what we're doing right here. We're discussing the validity of the law.
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Yes. Thank you for your question.
One thing that we've done through analyzing decades of CFIA data is take a close look at the things that result in biosecurity threats and diseases, and oftentimes it tends to be poor practices on farms or poor adherence to practices that are voluntary. For instance, there have been numerous studies in the dairy sector, in the chicken sector, on mink farms and on rabbit farms that have shown that people are not really following the rules closely when researchers put up cameras to monitor their behaviour.
One thing that we are advocating.... When the last iteration of this bill, , was discussed at this committee two years ago, it was amended to do a couple of things, and I think those amendments would be productive in this case.
The first amendment struck the term “without lawful authority or excuse”. It made this bill apply to anyone who was on a farm who introduced a biosecurity threat, and that's important because we know that the vast majority of biosecurity threats come from people who have regular access to farms. They could be workers, operators or people coming and going with permission. They're not people who are there unlawfully.
That's what we would suggest.
:
Thank you very much, Mr. Chair.
I'd also like to echo the thanks to all of the witnesses who are helping to guide this committee in its examination under Bill .
Dr. Lazare, I'd like to turn my first question to you. I think you've very clearly outlined the problematic phrasing of the bill, which I think veers Bill into provincial jurisdiction.
We've also heard a lot of conversation from witnesses about the lack of effective existing biosecurity measures on farms and the fact that a lot are voluntary, and we have documented cases where a lot are not being followed even when they are voluntary.
In your opinion, because of your expertise in this subject matter, does the federal government have a potential mandate to enact stronger biosecurity requirements right across the board? You outlined the concern that because of provincial jurisdiction, we can end up with a patchwork of different trespass laws, but I think the federal government does have clear jurisdiction in this way, and that may be one of the ways in which we can address the problem countrywide. Do you have any opinions that you can offer on that?
:
Mr. Chair, I wish I had a simple answer to that question.
The introduction of disease and the spread of disease on a farm or premises where animals are kept are very complicated and complex. There are a number of ways a disease can enter into a farm. Humans can introduce disease onto a farm. Animals can introduce disease onto a farm, and that includes animals that may have left the premises, commingled someplace else and come back. It can also be the introduction of new animals.
We also have wildlife that have the potential to introduce disease onto farms. In cases of highly pathogenic avian influenza, we have seen that wild migratory water birds are the likely source of introduction into Canada. We also have things that can introduce disease—tractors and objects that might be contaminated with manure from wild birds, for example. That is why biosecurity contemplates all the different routes of transmission onto premises.
We also have to think about which disease we're worried about. How is it transmitted? Is it a virus? Is it bacteria? Is it food-borne, feed-borne or water-borne? That is why biosecurity standards and protocols are so important. Each farm is going to have different risk factors to consider, and those national biosecurity standards give people a starting place from which to build their own.
I would also say that we are not aware of a confirmed case of a disease as a result of trespassers, but humans are a factor in the introduction of disease onto a farm.
To conclude, Mr. Chair, I would like to say that we as the Government of Canada take the health and well-being of animals, including farmed animals, very seriously. The vast majority of producers also take the health and welfare of their animals very seriously. It is linked to their livelihood and their businesses.
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There obviously has been speculation either way, though, because we're having the discussion of whether that's a possibility or not. To just blindly make a statement like, “Canadians don't have trust in our farmers anymore” is damaging to our reputation, and I think it does a great disservice to our producers across the country. I really feel that we've gone into a weird place with the agriculture committee right now, where we're actually putting farmers on trial and saying that they're not doing their jobs.
I grew up on a dairy and beef farm and I know the protocols we had. Some of the CFIA standards we're talking about are voluntary. We're trying to say now that our producers aren't doing the job and aren't going the extra mile to make sure their animals are safe. I, for one, don't believe that for a second.
We had a program, and lots of dairy farmers have this program—Mr. Lehoux is a dairy farmer, as well—called “herd health”. Veterinarians come and check on the herd health twice a month. If the veterinarians find something wrong or if they have a big concern, they contact the CFIA.
Dr. Ireland, can you comment on some of the processes and protocols that our producers do voluntarily, and on the fact that, as with the herd health program, if there is something wrong, they have professionals on the farm who come to check? They have it in other industries as well, such as pork and dairy.
Just comment on some of those protocols our farmers follow that are above and beyond those in some other jurisdictions around the world.
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I have a couple more comments.
Ms. Labchuk, you talked about the fact that someone videotaped a Caesarean delivery happening. I saw a lot of Caesareans when I was growing up on a dairy farm, and lots of those procedures were done to save the mother and the calf. Do you know what? It isn't a pretty sight, but it is sometimes necessary to do a medical procedure to save an animal. When you see it on film, it may not look very nice, but in fact, most of the time it actually ends up saving the lives of those animals because there was a vet who came on time and there was a beautiful baby calf, perhaps a 4-H calf—I had a lot of 4-H animals.
When you show it on video, you're actually doing a great disservice to the producers and the farmers, because they do take their animals' health seriously, and you know what? They hired a vet to come out to do this procedure so that those animals would survive.
I think we should really take a step back at this committee and not put our Canadian producers on trial here for not taking good care of their animals.
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I call the meeting back to order.
Good morning, colleagues. We're going to get started with our second panel.
We have Mr. Binnendyk online, but we have some interpretation issues with his connection. We might have to wait on him, but I want to make sure that we get started. We'll hopefully have Mr. Binnendyk available when the questions and answers start.
I'll introduce our next panel, colleagues.
We have René Roy, chair of the Canadian Pork Council, and Mr. Binnendyk, an owner and producer.
From the Dairy Farmers of Canada, we have David Wiens, president, and Daniel Gobeil, vice-president.
From Humane Canada, we have Dr. Toolika Rastogi in person, as well as Erin Martellani online.
We will carry on as quickly as we can to try to get the two rounds in. We will start with the Conservatives for six minutes.
[Translation]
Mr. Lehoux, you have the floor for six minutes.
[English]
Oh, I apologize. We'll start with Mr. Roy for five minutes, please.
[Translation]
Thank you for inviting me to speak to Bill this morning.
My name is René Roy. I am chair of the Canadian Pork Council and a hog producer in Quebec. This morning, Ray Binnendyk is joining us as a producer and a member of the B.C. Pork Producers Association. He has felt the direct impact of what this bill seeks to address on a number of occasions.
[English]
We are supportive of this bill for three main reasons.
This bill will help us to stem the flow of disinformation prevalent in certain corners of the Internet, like videos taken from non-Canadian farms that have been used to justify these kinds of activities. That needs to stop, as Ray will testify shortly.
There are existing mechanisms already in place for legitimate concerns. Our provincial organizations work quite closely with provincial regulators to ensure that animals are cared for, and there is a process that has to be respected. Imagine if it were suddenly legal for people to walk into a bank and start taking pictures of bankers as they work because these people who are protesting have decided they know better or, worse, that banking should no longer exist. This is the fight we're having.
Finally, the threats from biosecurity are real. Our producers shower into and shower out of their barns. We have established biosecurity protocols that prevent diseases from being introduced by humans who don't respect biosecurity standards. That could hurt our animals. We expect to hear that our partners in the legitimate animal protection organizations will join us in supporting efforts to keep animals safe.
Thank you.
I hope Ray has been able to connect. I will leave him some time to introduce himself.
:
I will take 30 seconds instead of two minutes just to introduce Ray. He is a producer who has been affected by these kinds of intrusions on farms.
I would like to mention that those who are taking care of the animals on farms are farmers, in fact. We are the ones taking care of the animals every day. This is our business. Our ability to take care of our animals is affected when there are intrusions. It is our livelihood. It is also our home, because we work these farms the whole day. It is where we live. If people are entering in ways that are not permitted, it prevents our ability to take care of our animals properly.
I think it's important that this bill also addresses the question of biosecurity how diseases can enter, as has already been mentioned, through human vectors.
For all of these reasons, I think the bill should proceed, and we are certainly supportive of it.
Hopefully, Ray will be able to testify a bit later through the questions.
Thank you.
:
Thank you, Mr. Chair. It is a pleasure for me to join you today from my family farm in Grunthal, Manitoba.
I would like to also thank the committee members for this opportunity to talk a bit about our situation.
My name is David Wiens. I'm the president of Dairy Farmers of Canada. I am joined by our vice-president, Daniel Gobeil, with whom I will be sharing some of my speaking time today.
On behalf of Canadian dairy farmers, it is a privilege to be here to share our views on Bill , an act to amend the Health of Animals Act, which is basically biosecurity on farms.
Supplying Canadian families with safe, nutritious and high-quality dairy products is the paramount mission for us as dairy farmers, and we cannot accomplish that mission unless we can ensure that our cattle themselves are healthy, safe and secure.
Canadian dairy farmers adhere to a mandatory and coordinated national quality assurance framework, which we know as proAction. This framework constantly evolves to reflect best practices and includes programs with strict requirements in a number of key areas, and that of course includes animal care and biosecurity. It's a program that Canadian dairy farmers are proud of and one that the National Farm Animal Care Council recently assessed. The council found that it met and exceeded all requirements of Canada’s animal care assessment framework.
DFC worked with the Canadian Food Inspection Agency to develop the national standard for biosecurity for Canadian dairy farmers. The most critical elements of this national standard are incorporated into proAction’s biosecurity module, which requires strict measures at every Canadian dairy farm to mitigate the risk of exposure to dangerous diseases or toxic substances that could threaten animal health.
In this regard, controlling traffic and visitors is essential. Dangerous pathogens can be introduced and spread by contaminated footwear, clothing and hands, as well as vehicles, farm machinery and other equipment. This is why we have strong standards and protocols in Canada that we should actually be proud of.
Such standards are compromised when visitors from the outside do not follow the correct protocols. This is true regardless of the purpose or intent of the individuals seeking uncontrolled access to the farm. Dangerous pathogens do not respect intentions. They are opportunistic disease vectors that can devastate herds and destroy farm livelihoods.
Now I will pass this on to my colleague Mr. Gobeil for a few further comments.
In fact, our farms are not public spaces; they are our homes, the places where we raise our families. Obviously, it's very important for us to preserve this vocation.
We need to strike a balance between fundamental rights and reasonable safety measures that protect the health, safety and welfare of animals and the people who work on farms and in the food supply chain. For that reason, Dairy Farmers of Canada supports Bill .
I'd like to take this opportunity to acknowledge the work of the member for Foothills, who sponsored this bill.
We feel that this new bill improves on Bill because it expands the scope of protection to situations where animals and things are kept in enclosed spaces.
However, in our view, Bill doesn't fully achieve its objective and parts of it must be amended. The provision about the offender knowing or being reckless as to exposing animals to disease or toxic substances should be removed, as we believe it places an unrealistic burden of proof on the Crown.
The mere possibility that entry without authorization or legal justification might expose our animals to a disease or toxic substance should be sufficient grounds for prosecution. We can elaborate on our comments during the question period.
In closing, Mr. Chair, on behalf of Dairy Farmers of Canada, I'd like to thank you and the committee members for helping to enhance animal safety and continue to improve agricultural production—
:
Thank you for the invitation to appear regarding Bill .
Founded in 1869, the Montreal Society for the Prevention of Cruelty to Animals, or SPCA, was Canada's first animal welfare organization, and it's now the most active and influential animal protection organization in Quebec. In addition to being a shelter, the Montreal SPCA is a law enforcement agency. Our Investigations Division officers are responsible for enforcing provincial animal protection laws.
However, our officers' authority to intervene is limited to pets. Animals used for agricultural purposes no longer fall under their jurisdiction. So the only recourse for our officers, who are also special constables who can address complaints about farm animals, is to turn to the Criminal Code provisions dealing with crimes against animals.
Despite this situation, the Investigations Division has received many farm animal abuse complaints from whistleblowers over the years. Some of them have actually led to criminal investigations and, in some cases, even convictions.
The Montreal SPCA does not support Bill for a number of reasons, the main one being that it could undermine the work of our Investigations Division by taking away the only tool that lets us receive reports of animal abuse from the agricultural sector, a self-regulated industry that demonstrates very little transparency as it is, and offers extremely restricted access.
It would be a mistake to pass this bill because, right now, the vast majority of Canadian provinces, including Quebec, don't regulate how farm animals are treated. In addition, we have no government agency doing proactive inspections of these facilities to ensure animal welfare.
The Montreal SPCA obviously does not condone unlawful behaviour, but if distressed producers wonder why they are being targeted by activists, it is in large part due to their industry's lack of regulation and transparency.
In this context, further reducing access to livestock facilities and the ability to document violations committed therein, as proposed by this bill, will not only harm the millions of vulnerable animals that pass through them, but it will also harm producers and undermine the overall credibility of an industry that should instead be striving to address societal concerns.
I will now give the floor to Toolika Rastogi.
Humane Canada is proud to be here speaking alongside our member, the oldest SPCA in Canada.
We represent humane societies and SPCAs across the country, many of which enforce animal protection law.
Humane Canada is not an activist organization, nor do we campaign to end animal agriculture, yet we are very concerned about the welfare of farmed animals. We work collaboratively with industry, including Dairy Farmers of Canada and the Canadian Pork Council, who are here today, as well as governments and other stakeholders at NFACC, the National Farm Animal Care Council, to improve standards of care for animals on farms.
Let me be clear that these standards are not legally binding in most of the country. The government is not inspecting farms to ensure they are meeting welfare standards. Violations of welfare standards and cruelty laws are brought to the attention of enforcement through complaints, often together with undercover evidence, because there is little transparency.
Why don't Canadians have trust in our system of animal agriculture? It's because of this lack of transparency and public oversight in the system. Rather than applying an approach that is a bit of a band-aid to bring new measures and harsh penalties to deter trespassing and whistle-blowing and to further diminish transparency, we feel that what is needed is increased transparency, accountability and oversight.
Ultimately, we need to address the root of the problem. It's not that people don't understand how animals are farmed; they understand that our current system of farming is highly problematic. The predominant system involves massive numbers of animals in a barn, and that cannot provide for natural living conditions for the animals. They cannot be easily tended to in a manner that allows for their good health and welfare.
Furthermore, the intensity and scale of animals pose serious risks for infectious disease susceptibility and transmission, as we have seen, tragically, with the avian influenza pandemic.
Given the serious disease risks, as well as climate, biodiversity and pollution crises, we urgently need to reimagine our system of food production in this country to one that provides good conditions for animals and is environmentally sustainable. Such a system that's in harmony with animals and that doesn't devalue the earth is also better for the psyche of those in the farming community. It is the UN-recognized One Health and One Welfare approach.
Public support is needed for those in the farming sector to transition to such a system in order to provide for their physical and mental health, well-being and good livelihood.
Thank you.
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This is a normal day at the office for most of you, but this is not something I enjoy much.
My name is Ray Binnendyk, from Excelsior Hog Farm in Abbotsford, B.C.
We have a family-run farm that my dad started in 1977, after he moved from Holland. I am one of the owner-operators, along with two brothers. We each have four kids. We are a close family that you will find, on a Sunday morning, at opa and oma's for soup and buns. Farming to us is not just a job; it's a lifestyle.
I was asked to be here to voice my thoughts on Bill . This bill is very important to the future of the agricultural industry.
For those of you who don't know, we have had our farm trespassed on a number of times in the last four years. First there were hidden cameras installed. Then there was an occupation, during which 48 people camped out in our barn for a day while 150 protesters stood on the road. Just a few months ago we actually found three cameras again.
Having protesters break into our barn, install cameras and spread false information on the Internet about our family farm was an invasion of our privacy and a deeply distressing experience. It felt like a violation of not only our property but also our sense of security and trust within our community. Although all our family and friends saw through the lies, it did take a few years before we stopped getting the one-finger salutes while driving pigs to market.
The false accusations online had a significant emotional impact on our family. Because of our close-knit family, we kept each other's heads up, but I'm sure this would not be the case for everyone.
Canadian farmers take pride in what they do, and they work hard to put food on the table. Our industry has many guidelines for animal health and care, which we all follow.
Biosecurity is also a very big part of the health of animals and food security. There are—
I would also like to thank the witnesses for being with us this morning.
I stayed in my seat, but alarm bells still went off in my mind when I heard some of the comments made by our witnesses this morning, particularly when they talked about the lack of transparency in the industry. As a former dairy farmer myself, I find it a bit odd to suggest such a thing.
My first question is for Mr. Roy, who represents pork producers.
You talked about the importance of biosecurity and the number of checks you have to do when someone comes into your facility.
Could you tell us more about the impact of biosecurity, with regard to the various points you raised in your remarks?
:
Thank you very much, Mr. Chair.
I want to thank all the witnesses with us today, especially Mr. Binnendyk, who may be finding it more difficult to be here than the others. The committee members are grateful for everyone's contribution.
I'm going to go to Ms. Rastogi or Ms. Martellani. I don't know who will answer my question.
Ms. Martellani, in your opening remarks, you said that you didn't in any way condone trespassing, but that this bill would hamper investigations by removing your only tool. I'm using your words. In the same sentence, you said that you don't condone trespassing, but basically, this bill deals specifically with that. I see a contradiction there.
Could you explain your position to me clearly? Ms. Rastogi, you just mentioned that there are other ways. What are they? I put this question to the previous panel.
Let's suppose someone from outside who doesn't have access to the farm suspects that abuse is happening. Is there a way to report it? The CFIA told us there is. I'd like to hear what you have to say about this and the contradiction.
Thank you.
Mr. Roy, I'd like to turn to you. This committee is in receipt of a letter from infectious disease experts, all doctors in their fields. Let me quote a section from their letter: “However, as it is currently written, Bill C-275 does not address these existing biosecurity and zoonotic infectious disease risks. Rather, it would serve as an anti-trespass law that exempts animal agriculture businesses and employees and targets undercover reporters, whistle-blowers, and activists seeking to document conditions on farms.”
I have visited farms. I've followed biosecurity measures. In a previous life, I was a tree planter. I've visited ranches where I've had to hose down my boots. We had to hose down the wheels on our trucks because there was a risk of foot-and-mouth disease at the time. I've visited chicken farms where I've had to not be in contact with poultry for an entire two weeks before the visit. I've had to put on special booties. I understand the protocols that are in place.
I find that during the testimony on this bill, people use words like “preventing intrusion” and “preventing trespass”. In light of the quote I gave you, my question to you is this: How do we as a federal Parliament ensure that through this bill we are not intruding on provincial jurisdiction over trespass law? We simply cannot legislate on property rights. That is the domain of the provinces. In your view, how do we make this bill simply about biosecurity and not trespass?
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Thank you very much. I'm really sorry your family had to go through that. I'm glad you could come together and have support within your family.
I have a question for Ms. Rastogi. In your opening comments, or with Mr. MacDonald, you painted a picture of large animal farming with hundreds of thousands of animals on a farm. I think you're trying to get at some “Farm, Inc.” thing.
I have some numbers from Saskatchewan of the total number of beef cows and the number of animals they have on a farm. For farms with one to seven beef cows, there are 1,298. For farms with eight to 17 cows, there are 1,781. For farms with 18 to 47 cows, there are 3,305. For farms with 48 to 77 cows, there are 1,864. For farms with 78 to 122 cows, there are 1,686.
My question is.... The vast majority of farms across this country are family farms. They're not big industrial farms. Why would you misrepresent that in committee today to try to make a point?
Thank you to the farmers and the farm representatives who are here today.
I'd like to start first by thanking Ray for the farming he's doing. My grandfather was a farmer. My Dutch grandfather, Andres Posthumus, came over and farmed, and I spent a lot of time on farms. My uncles and my cousins are farmers. I want to make sure that people understand that we all appreciate what farmers are doing in Canada. We appreciate what you're doing.
I understand that your farm actually has 12,000 to 14,000 animals on it, from the testimony you gave in the court, so I'm assuming yours is one of those larger farms. That's great, and thank you for doing that.
Thank you, Dr. Rastogi, for clarifying that Humane Canada and SPCAs work for the welfare and protection of animals and do not advocate for an end to animal farming, because it's been misrepresented in this committee several times that we all want to end animal farming. Clearly that's not the case.
Thank you also for emphasizing that the distrust is not in farmers but in the system of agriculture. I think we all know the majority of farmers are good and that they care about their animals, but as in any industry, there are a few bad actors.
My question is whether you think this legislation will increase public trust in the system. Ray mentioned that he has a hard time talking about being a farmer now because people are looking at him askance.
Do you think this legislation is going to help people have trust in what's happening in the system, or do you think it's going to do the opposite?
I don't have time for a question, so I wanted to make a piece of commentary. I am very concerned about the growing divide in this country between rural and urban. I think we are hearing it in some of the testimony. It's not by nature an “urban versus rural” issue only, but it tends to break down along those lines.
I want to encourage all of us in the context of this debate to be mindful—this isn't aimed at anyone in particular—of our hyperbole when we're talking about these issues. I think we have a tendency sometimes to go to the extreme of the spectrum on both sides of any particular issue in this place. I, at least, in my line of questioning, am really trying to get to the middle ground where there's a bit of truth.
I think we have to be mindful of this growing divide in our country, and I say that as someone who comes from the west but represents an urban riding. In lieu of a question, I simply wanted to end with that particularly important sentiment, in my view.
There has been talk of reducing tools. For us, a tool such as the one that allows someone to go to the production site, where our families, children and grandchildren work and where we are during the day, does not promote a balance in terms of mental health and animal welfare.
Lots of people come to the farms: veterinarians, input suppliers, equipment vendors, representatives from the Department of Agriculture and Agri-Food and representatives from the Department of the Environment.
Be assured that all these people are in a position to denounce cases of mistreatment. According to the ProAction program, there must be a visit at least every two years. Sometimes it's every year. These visits are precisely to ensure the well-being of the animals and to report abuse.
Industry people want to feed the population. We want to continue to produce food for consumers. Obviously, there is no tolerance for abuse. We don't need a tool like this to do the job of monitoring and ensuring transparency.
The industry is willing to be more transparent, but the solution is not intrusion by whistleblowers or...